The United States Supreme Court has spoken. Former TSA employee Robert J. MacLean was illegally fired from federal service. MacLean blew the whistle in 2003 on a bad management decision to cancel air marshal flights post 9/11, leaving the flying public at risk of terrorist attacks. The decision affirmed federal employees are protected from whistleblower retaliation.

Defining point: “If “law” included agency rules and regulations, then an agency could insulate itself from the scope of Section 2302(b)(8)(A) merely by promulgating a regulation that “specifically prohibited” whistleblowing. But Congress passed the whistleblower statute precisely because it did not trust agencies to regulate whistleblowers within their ranks.”

This case sends a clear and resounding message. Federal employees must obey the oath they swear to for federal service. They shall report fraud, waste, abuse, mismanagement and dangers to public health and safety. And the federal government, the largest employer in the world shall not fire whistleblowers for doing their job, nor parse legislative statutory wording to cover-up management wrongdoing.

At last a lesson in ethical conduct in the workplace from the highest court of the land. A lesson every employer and employee must remember.

For employers-Don’t fire an employee for reporting wrongdoing.

For employees-When facing a Goliath that attempts to gut laws that protect employees, don’t give up because sometimes good people win.

My heartfelt congratulations to Bob and his family. For a more complete history of the case, visit this site.

NOTE: There are several articles on this website which discuss federal whistleblower retaliation including the MacLean case. We thank Bob for his cooperation and contributions. Wishing him and his family the very best in life.